H. Bhaskaran v. Orix Auto Infrastructure Services Limited

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of August, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.K. Ramakrishnan, District Judge (Retd.,) M/s. P. Kavitha Balakrishnan, Advocate CMA.No.3352 of 2021 (Appeal against the Decree and Judgment dated 30.03.2021 made in MCOP No.4521 of 2017 on the file of the Motor Accidents Claims Tribunal(Special Sub Court No.1, Motor Accident Claims Petitions) Small Causes Court at Chennai) H.Baskaran .. Appellant Vs.

1.Orix Auto Infrastructure Services Ltd SP4, SIDCO, Thiru Vika Industrial Estate Guindy, Chennai - 600 032 2.M/s.Reliance General Insurance Co Ltd Reliance House, No.6, Haddows Road 4th Floor, Nungambakkam Chennai - 6 .. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.P.Kothandaraman; the officials of the second respondent Insurance Compsany and the learned counsel for the 2nd respondent M/s.A.Kency Nirmala are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they

arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.6,97,201/- with interest at 7.5% per annum from the date of filing of the claim petition, i.e., 10.08.2017 till the realisation, payable by the second respondent. It is represented by the learned counsel for the appellant/claimant that an amount of Rs. 9,00,000/- has already been deposited before the Tribunal.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement.

3. It is represented by the learned counsel for the appellant/claimant that an amount of Rs.9,00,000/- was already been deposited before the Tribunal by the insurance company and the same was withdrawn the claimant.

4. Now, after due deliberation and consultation, both the parties have agreed to a sum of Rs.3,00,000/- (Rupees three lakhs only ) without any interest as compensation.

3. The second respondent / Insurance Company is directed to deposit the additional award amount within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit, the claimant / appellant is permitted to withdraw

the additional award amount without filing any formal petition. The Award is passed accordingly.

5.The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

H.Baskaran Counsel for the Appellant 2.M/s.Reliance General Insurance Co Ltd Reliance House, No.6, Haddows Road 4th Floor, Nungambakkam Chennai - 6 Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned Copy to:

1.Motor Accidents Claims Tribunal(Special Sub Court No.1, Motor Accident Claims Petitions) Small Causes Court at Chennai) 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

MALAI SUBRAMANIAN, J. (Retd.) dhk C.M.A.No.3352 of 2021 13.08.2022